The defendant moved to strike the plaintiffs' amended statement of claim under Rule 21.01(1)(b), arguing that sections 22 and 23 of the Broader Public Sector Accountability Act barred the action.
The plaintiffs, independent school bus operators, alleged the defendant breached common law duties and acted unlawfully in its procurement process for student transportation services.
The court dismissed the motion, finding it was not plain and obvious that the Act immunized the defendant from unlawful acts or limited the plaintiffs' remedies solely to damages.
The court held that the novel legal issues raised required a complete evidentiary record.
